Succession Act 1965

Further assimilation of law respecting real and personal estates of deceased persons.

[1959 (No. 8) s. 7 (2)]

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12. (1) All enactments (including this Act) and rules of law relating to—

( a) the effect of representation as respects personal estate,

( b) the dealing with personal estate before representation,

( c) the powers, rights, duties, and liabilities of personal representatives in respect of personal estate,

( d) the payment of costs of administration, and

( e) all other matters with respect to the administration of personal estate,

shall, so far as applicable, apply to real estate as if it were personal estate; and subsequent provisions of this section shall not prejudice the generality of this subsection.

(2) All jurisdiction of any court with respect to the appointment of administrators or otherwise with respect to the grant of representation as respects personal estate shall extend over, and be exercisable in relation to, real estate as if it were personal estate and the rights, as respects citations to see proceedings, of persons interested or claiming to be interested in the real estate of a deceased person shall be the same as those of persons interested or claiming to be interested in the personal estate of that deceased person.

(3) A grant of representation shall, unless containing an express limitation to the contrary, have effect as well over the real as over the personal estate.